This Act requires police officers to enter private property to enforce custody orders when a court order requires them to do so.
This Act requires that parents and other persons under investigation for child abuse and neglect be given written and oral notice of the allegations made against them; the right to consult counsel prior to speaking with a DSCYF investigator; the right to refuse entry to the DSCYF investigator; the right to withhold consent to medical examinations of the children; the right to refuse to submit to a drug test; and the right to consult legal counsel prior to signing a safety plan.
In Chiafalo v. Washington, 140 S.Ct. 2316 (2020), the United States Supreme Court made clear that states have the authority to remove or punish presidential electors who do not adhere to their obligation to vote faithfully for their parties’ candidates. This Act provides Delawareans with confidence that the votes they have cast will be honored when the Electoral College meets to decide the outcome of presidential elections by providing for the orderly operation of Delaware’s Electoral College voting process. This Act adopts the Uniform Faithful Presidential Electors Act, which was approved by the Uniform Law Commission. The Uniform Law Commission “provides states with non-partisan, well-conceived and well-drafted legislation that brings clarity and stability to critical areas of state statutory law.” This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.
This Act is the first leg of a constitutional amendment that provides for the Family Court to consist of 19 Judges including the Chief Judge, 10 who must be residents of New Castle County, 4 who must be residents of Kent County and 4 who must be residents of Sussex County at the time they apply for nomination by the Governor. This Act would increase the current Family Court bench by 2 Judges, 1 additional Judge from Kent County and 1 additional Judge from Sussex County. This Act requires a greater than majority for passage because §1 of Article XVI of the Delaware Constitution requires the affirmative vote of two-thirds of the members elected to each house of the General Assembly to amend the Delaware Constitution. Since this is the first leg of a constitutional amendment the next General Assembly must pass an act concurring with this Act for it to become a part of the Delaware Constitution.
This Act adds provisions to Title 21 defining accessible parking spaces, incorporating federal standards for accessible parking spaces found in the Americans with Disabilities Act and applicable regulations. The Act also provides additional requirements that enhance these standards and better reflect the needs of persons with disabilities in Delaware. The Act increases the penalty associated with violating the statute that prohibits individuals who do not possess a parking placard or special license plate from parking in accessible parking spaces, or in the access aisles located next to accessible parking spaces. This Act adds provisions in Titles 9 and 22 to require county and municipal governments to adopt regulations and ordinances incorporating these requirements for accessible parking spaces, including the requirement that property owners have a permit and process to ensure compliance for new or modified accessible parking spaces, in order to increase compliance and uniformity statewide.
This Act eliminates the requirement of a daily average of no less than 25 full time employees to operate a beer garden. Beer gardens are presently the only liquor establishments that have a statutory staffing requirement. This Act also includes beer gardens along with taprooms and taverns as establishments the Commissioner may deny a license if an existing same establishment is within 1200 feet, by accessible public road in an incorporated city or town, or 9/10 of a mile in an unincorporated or rural area.
This Act is the first leg of a constitutional amendment that requires the Governor to select judicial candidates from a list provided by a Judicial Nominating Commission. Although the Governor currently selects judicial nominees through a Judicial Nominating Commission created by Executive Order, this bill codifies the Judicial Nominating Commission into the State Constitution. The Judicial Nominating Commission shall consist of 12 members appointed by the Governor, provided that 4 members reside in New Castle County; 4 members reside in Kent County; and 4 members reside in Sussex County. No member shall hold elective constitutional office during the member’s term on the Commission.
This bill is the Cover All Delaware Children Act. Many children who are undocumented do not have access to routine or preventative healthcare, including vaccinations and physicals, because they cannot afford the services. Instead they may rely upon emergency room visits when untreated conditions worsen. Providing publicly funded healthcare coverage to low-income children greatly improves their health and long-term outcomes. Medicaid coverage is linked to fewer chronic conditions, better overall health, improved oral health, and fewer hospitalizations and emergency room visits. This Act directs the Department of Health and Social Services to develop and operate a limited medical assistance program for children in Delaware who are not otherwise covered, including children who are not documented. A child resident in the state whose family income is low enough that they would qualify on that basis for Medicaid or CHIP coverage, but is not eligible for Medicaid or other federally funded coverage, is eligible for coverage and medical care under this Act. The coverage would be co-extensive with that provided by CHIP and Medicaid, except that it would not include in-patient care at a hospital or other healthcare facility. The Act also directs the State to submit a plan amendment to the Centers for Medicare & Medicaid Services so that the state can take advantage of the federal CHIP option to include coverage of pregnant women regardless of immigration status.
The State of Delaware previously offered an employer match for state employee contributions to the deferred compensation program. The purpose of the match was to help state employees save and build wealth for retirement and to enable state government to recruit and retain talent by offering a valuable retirement savings benefit. In July 2008, during the Great Recession, the State suspended the employer match to cut costs. Every year since fiscal year 2008, the General Assembly has written in the annual appropriations bill: “It is the intent of the General Assembly that this program be reinstated when funding becomes available.” This Act updates the laws governing the employer match in anticipation of the General Assembly restoring the match this session and increases the maximum match to $20 per pay period. This Act also eases restrictions on which participants are eligible for the match. To help employees who are unable to save for retirement because of their student loan burden, this Act enables a match for employee’s student loan payments with employer contributions to their deferred compensation account. Congress enabled employers to make this type of matching contribution with the passage of the SECURE 2.0 Act, which was included in the Federal Fiscal Year 2023 Omnibus Appropriations Bill. This Act provides the Plans Management Board with the discretion to determine which plan the matching contributions should be deposited into.
This Act creates the following new tax brackets for taxable years after December 31, 2023.
